European Union. Surveillance / law enforcement access. Council Framework Decision

Framework Decision 2008/977/JHACouncil Framework Decision 2008/977/JHA on the protection of personal data in police and judicial cooperation in criminal matters

Repealed/superseded

§1Summary

Synopsis

Framework Decision 2008/977/JHA set data protection rules for personal data that Member States exchanged with each other in police and judicial cooperation in criminal matters. It dealt with matters such as purpose limitation, logging and documentation of transmissions, retention time limits and onward transfers. It did not cover purely domestic processing. Directive (EU) 2016/680, the Law Enforcement Directive, repealed it with effect from 6 May 2018.

Key themes
  • police and judicial cooperation
  • cross-border exchange
  • retention limits
  • onward transfer
Unique features

Applied only to data transmitted or made available between Member States, not to national police processing.

SaaS relevance

Historical only; replaced by the Law Enforcement Directive (EU) 2016/680.

§2Obligations

Breach notification
None
DPO
No
Cross-border transfers
Rules for onward transfer to third states and bodies
Maximum penalty
None

§3Dates

Key dates
  • Adopted
  • In force
  • Ended
  • Adopted 27 November 2008; published 30 December 2008; in force 19 January 2009; repealed with effect from 6 May 2018 by Directive (EU) 2016/680

§4Text and authority

Text
Authority
National data protection authorities (no EU-level regulator)

§5Where it applies

Also applies in

§6Sources and verification

Sources consulted
Verification

High confidence.

In force date is the 20th day after publication on 30 December 2008 (Article 30). Repeal date from Article 59(1) of Directive 2016/680. Scope description is taken from the title and the articles read, not from a full reading.